The sentence for attempted murder in Virginia is either two to ten years or twenty years to life, depending on what kind of murder was attempted. Attempting first-degree or second-degree murder is a Class 4 felony carrying two to ten years. Attempting aggravated murder is a Class 2 felony carrying twenty years to life. There is no single number, and the gap between the two outcomes is one of the widest in Virginia’s criminal code.
The Two Possible Sentences
Virginia treats attempt charges by matching them to the seriousness of the underlying murder the prosecution alleges. The state recognizes three tiers of murder, and the attempt statute keys off that classification.
- Attempted aggravated murder: Class 2 felony, 20 years to life, plus a fine up to $100,000.
- Attempted first-degree murder: Class 4 felony, 2 to 10 years, plus a fine up to $100,000.
- Attempted second-degree murder: Class 4 felony, 2 to 10 years, plus a fine up to $100,000.
The sentencing ranges themselves come from Virginia’s general felony penalty statute.1Virginia Code Commission. Virginia Code 18.2-10 – Punishment for Conviction of Felony; Penalty Which range applies depends entirely on which tier of murder the prosecution charges, so understanding the tiers is the first step in sizing up exposure.
When the 20-to-Life Range Applies
Attempted aggravated murder is the only attempted-murder charge that reaches the top of Virginia’s sentencing structure. Aggravated murder covers specific scenarios defined by statute, including murder-for-hire, killing a law enforcement officer, and murder committed during a robbery or rape. It is Virginia’s only Class 1 felony and the only completed offense that carries life imprisonment as its baseline punishment.1Virginia Code Commission. Virginia Code 18.2-10 – Punishment for Conviction of Felony; Penalty
An attempt to commit a Class 1 felony is itself a Class 2 felony.2Virginia Code Commission. Virginia Code 18.2-25 – Attempts to Commit Class 1 Felony Offenses; How Punished That means 20 years to life in prison, with judges holding wide discretion within that range based on the facts of the case and the defendant’s history.
Because aggravated murder is the only Class 1 felony on the books, this long sentence is reserved for attempts that fit the specific scenarios the statute lists. Prosecutors have to prove the attempted killing matched one of those categories; a run-of-the-mill attempted killing, however serious, does not qualify.
When the 2-to-10 Range Applies
Every other attempted murder in Virginia is a Class 4 felony. The statute covering attempts at non-Class 1 felonies sets the penalty by reference to the maximum punishment of the completed crime.3Virginia Code Commission. Virginia Code 18.2-26 – Attempts to Commit Felonies Other Than Class 1 Felony Offenses; How Punished First-degree murder carries up to life, and second-degree murder carries up to 40 years, so both exceed the threshold in the attempt statute and both drop into the Class 4 bracket.4Virginia Code Commission. Virginia Code 18.2-32 – First and Second Degree Murder Defined; Punishment
A Class 4 felony conviction carries two to ten years in prison and a fine of up to $100,000.1Virginia Code Commission. Virginia Code 18.2-10 – Punishment for Conviction of Felony; Penalty This is the range most attempted murder defendants in Virginia actually face. Whether the prosecution can fit the facts into the aggravated-murder framework often becomes the central fight at trial, because the answer determines whether a potential life sentence is on the table.
The Attempt-Sentence Cap
Virginia law also sets a ceiling: the sentence for any attempt can never exceed the maximum sentence for the completed crime.5Virginia Code Commission. Virginia Code 18.2-28 – Maximum Punishment for Attempts For attempted murder this cap seldom bites, because every form of murder in Virginia carries a maximum of life or 40 years. The rule exists as a proportionality backstop rather than a practical limiter on these particular charges.
Fines, Restitution, and Civil Liability
Prison is the headline, but the financial side of a conviction can last for decades. Any felony at Class 4 or above opens the door to a fine of up to $100,000.1Virginia Code Commission. Virginia Code 18.2-10 – Punishment for Conviction of Felony; Penalty Courts can also order restitution covering the victim’s medical bills, lost wages, and other losses tied directly to the attack.
A criminal case does not shut the door on a civil one. The victim can file a separate lawsuit for damages, and that case runs on a lower standard of proof than the criminal trial. A defendant who is acquitted in criminal court can still be found liable in civil court and ordered to pay substantial damages.
No Parole in Virginia
Virginia abolished parole for felonies committed on or after January 1, 1995. Anyone convicted of attempted murder today will serve the bulk of whatever sentence the judge imposes. Limited sentence credits for good behavior and program participation exist, but the reductions are modest compared to the pre-1995 parole system.
That changes how you should read the sentencing ranges. Twenty years to life for attempted aggravated murder means decades actually spent in prison, with no parole hearing to work toward. Even on a Class 4 conviction, every year of the imposed sentence counts in a way it would not in a traditional parole state.
No Deadline on Charges
Virginia sets no statute of limitations on felonies. The state’s limitations statute reaches only misdemeanors and certain regulatory offenses, which leaves attempted murder with no filing deadline.6Virginia Code Commission. Virginia Code 19.2-8 – Limitation of Prosecutions Prosecutors can bring a case years or even decades after the alleged attempt if new evidence surfaces.
Defenses That Can Reduce or Defeat the Sentence
The sentence a defendant actually faces depends on what the prosecution can prove, and attempted murder has two elements that are often contested: a specific intent to kill and a substantial step toward carrying out the killing. Weakness in either element can bring the whole charge down.
Challenging Intent to Kill
Attempted murder requires proof that the defendant actually meant to end the victim’s life, not simply to hurt or scare them. Prosecutors build intent circumstantially: the weapon used, where blows or shots landed, statements made before or during the incident. If the defense can reframe those facts as consistent with an intent to injure rather than kill, the charge may drop to aggravated assault or malicious wounding, with a dramatically lower sentencing exposure.
No Substantial Step
Thinking about a killing, or even planning one, is not enough. The defendant has to have taken a concrete action that moved past preparation and into execution. Where that line falls is fact-specific, and ambiguous conduct, like driving past the victim’s home or acquiring a weapon without deploying it, often becomes the battleground.
Self-Defense
Self-defense is a complete defense to attempted murder in Virginia. If the defendant reasonably believed they faced an imminent threat of death or serious bodily harm and used proportionate force to stop it, criminal liability falls away. The belief must be one an ordinary person in the same situation would share, and the force used must be in line with the threat faced.
Insanity
A defendant who lacked the mental capacity to form the specific intent to kill may raise an insanity defense. A jury acquitting on insanity grounds must state that fact in its verdict.7Virginia Code Commission. Virginia Code 19.2-182.2 – Verdict of Acquittal by Reason of Insanity to State the Fact An insanity acquittal is not a walk; it typically means commitment to a mental health facility, potentially for a long time.